Archives For human rights

In the wake of the NSA revelations, Dilma Rousseff, President of Brazil, socked it to Barack Obama on September 24, 2013, at the same 68th session of the UN General Assembly. Obama then replied, arguing the US was only spying on everyone and bombing countries for the common good. Read the speeches before voting on who you would rather trust to defend human rights: Continue Reading…

A new report from Oxfam provides evidence that the super rich are a major human rights problem, becoming richer at the expense of those who are denied their rights to health care, food and economic security. More evidence from inside the US foreign policy establishment reveals how the super rich (who control the world’s energy, arms and tobacco trades, financial institutions and mainstream media) also dominate the political culture and foreign policy of the United States. Continue Reading…

When I studied law at Columbia in the early 1990s, I had the fortune of studying under Louis Henkin, probably the world’s most famous human rights theoretician. Upon his passing in 2010, Elisa Massimino at Human Rights First stated in Professor Henkin’s New York Times obituary that he “literally and figuratively wrote the book on human rights” and that “[i]t is no exaggeration to say that no American was more instrumental in the development of human rights law than Lou.” Continue Reading…

In this era where most governments seem intent on dismantling human rights, it is pleasing to be able to praise the government of Ecuador for their decision to grant political asylum to Julian Assange.

Below is a repost from Craig Murray’s excellent blog . Craig, has a very clear knowledge of the Karimov regime as he was British Ambassador there from 2002 to 2004. Uzbekistan is a state with widespread torture, kidnapping, murder, rape by the police, financial corruption, religious persecution, censorship, and other human rights abuses. Continue Reading…

“Given the atrocities committed in Misrata and Benghazi the option of allowing the rebels to conquer pro-Gaddafi population centres is inconceivable – there is now only one option – and that option is peace.”

Well, Mr Anders Fogh Rasmussen and NATO did not agree and the atrocities we feared are unfolding.

Amnesty today report on the killing of black and dark-skinned people in Libya after Amnesty workers personally see them targetted in Tripoli. The article clearly recognises this is part of a bigger pattern:

An Amnesty delegation visiting the Central Tripoli Hospital on Monday witnessed three thuwwar revolutionaries (as the opposition fighters are commonly known) dragging a black patient from the western town of Tawargha from his bed and detaining him. The men were in civilian clothing.

(Tawargha is the town south of Misrata about which HRI has MAJOR concerns as the inhabitants – whose fate is unknown – were dark-skinned.)

The thuwwar said the man would be taken to Misratah for questioning, arguing that interrogators in Tripoli “let killers free”. Two other black Libyans receiving treatment in the hospital for gunshot wounds were warned by the anti-Gaddafi forces that “their turn was coming”.

The delegation also witnessed a group of thuwwar beating a man outside the hospital. The man, in distress, was shouting “I am not a fifth columnist”, a reference to al-Gaddafi loyalists.

From the start of the Libyan rebellion black people in Libya have been attacked and lynched by rebel mobs. This has been known by human rights groups and the United Nations as well as by the intelligence agencies, military forces, media and political leaders in the NATO countries – but they have generally kept a lid on it because it does not suit the narrative.

It does not suit the narrative of an oppressed people standing up against tyranny and for human rights to find rebel lynch mobs targetting black people, lynching them and ethnically cleansing them. Human Rights Investigations has documented that these lynchings even happened at rebel HQ in Benghazi.

Below is graphic footage of another lynching – and as with other incidents we see large numbers of rebel supporters involved. HRI has far more graphic footage including Al Qaeda-style beheadings which we are keeping back as evidence. (Note for those submitting material: please provide information regarding provenance, time, place, perpetrators, victims and witnesses and soundtracks where possible)

WARNING:GRAPHIC VIDEO

Where reports of racial atrocities have reached the media, the story has been that the victims are “African mercenaries” despite plenty of evidence to the contrary. Amnesty workers on the ground have reported that the widespread allegations of African mercenaries have little or no basis in fact – but this information has been suppressed and the fears of African mercenaries, extremely useful to the rebel side, have been whipped up by the media and NATO politicians such as UK Defence Secretary Liam Fox.

The rebel commander in Misrata threatened to ethnically cleanse Tawergha, the town to the south of Misrata occupied mainly by dark-skinned people – months later that object seems to have been achieved with direct air support from NATO – yet the crime has been ignored.

Well, today are Amnesty reporting some of the facts in Tripoli although whether this will reach the mainstream media is another question.

Today, Amnesty also report some earlier incidents they witnessed recently:

On 29 August, Amnesty examined the body of an unidentified black man at the Tripoli Medical Centre morgue. He was brought into the morgue earlier that morning by unknown men. His feet and his torso were tied. He bore no visible injuries, but had blood smudged around his mouth. The state of his body pointed to a recent death. No autopsy report was available, and no identification documents were found on him.

On 28 August, Amnesty visited a group of Eritreans hiding in their home in a poor Tripoli neighbourhood. They told the organisation that they were staying indoors for fear of violent attacks. Their situation was particularly dire given the absence of electricity and running water.

It has now become clear that the Al Qaeda /Ku Klux Klan types who have taken over in Tripoli, and the rebels generally, are not as welcoming to human rights workers, UN observers and the whole panoply of western intervention as it appeared they might be when they were primarily concerned with spreading pro-rebel propaganda.

The dam holding back reporting of these incidents has been breaking in recent days as many journalists are in Tripoli and commendable individuals within the media corps have been prepared to report honestly about the situation. It is to be hoped that information about rebel crimes does not continue to be suppressed, reports delayed, excuses found and the black people of Libya betrayed.

The full coverage of rebel racist crimes is essential to protect the population in Tripoli and the prisoners and also because many black people in Libya live in the south of the country. It is the south (including Sabha in Fezzan) that will be attacked by NATO and the rebels in the coming weeks. Racist atrocities will follow and public pressure on the decision-makers has to be mobilised to try and prevent it happening.

It is a war crime to attack essential civilian infrastructure. 95% of Libya is desert and 70% of Libyans depend on water which is piped in from the Nubian Sandstone Aquifer System under the southern desert. The water pipe infrastructure is probably the most essential civilian infrastructure in Libya. Key to its continued function, particularly in time of war, is the Brega pipe factory which enables leaks and breaks in the system to be repaired.

NATO has admitted that its jets attacked the pipe factory on 22 July, claiming in justification that it was used as a military storage facility and rockets were launched from there.

The Great Man-Made River

Libyans like to call the Great Man-Made River “The eighth wonder of the world”.

According to a March 2006 report by the BBC the industrialisation of Libya following the Great Al-Fatah Revolution in 1969, put strain on water supplies and coastal aquifers became contaminated with sea water, to such an extent that the water in Benghazi was undrinkable. Finding a supply of fresh, clean water became a government priority and fortunately oil exploration in the 1950s had revealed vast aquifers beneath Libya’s southern desert.

In August 1984, Muammar Al Qadhafi laid the foundation stone for the pipe production plant at Brega. The Great Man-Made River Project had begun. Adam Kuwairi, a senior figure in the Great Man-Made River Authority (GMRA), vividly remembers the impact the fresh water had on him and his family:

“The water changed lives. For the first time in our history, there was water in the tap for washing, shaving and showering. The quality of life is better now, and it’s impacting on the whole country.”

On 3 April Libya warned that NATO-led air strikes could cause a “human and environmental disaster” if air strikes damaged the Great Man-Made River project.

“If part of the infrastructure is damaged, the whole thing is affected and the massive escape of water could cause a catastrophe,” leaving 4.5 million thirsty Libyans deprived of drinking water.

The Brega Pipe-Making Plant

The Pre-Stressed Concrete Cylinder Pipe Factory at Brega is one of only two such facilities in Libya – the other being at Sarir to the east. This makes it a very important component of the Great Man-Made River – with two production lines making up to 80 pipes a day.

According to the BBC:

The engineer in charge of the Brega pipe factory is Ali Ibrahim. He is proud that Libyans are now running the factory:

“At first, we had to rely on foreign-owned companies to do the work. But now it’s government policy to involve Libyans in the project. Libyans are gaining experience and know-how, and now more than 70% of the manufacturing is done by Libyans. With time, we hope we can decrease the foreign percentage from 30% to 10%.”

As a result, Libya is now a world leader in hydrological engineering and it wants to export its expertise to other African and Middle-Eastern countries facing similar problems with their water.

Approximately 500,000 pre-stressed concrete cylinder pipes have been manufactured to date. Approximately 500,000 pipes transported to date. Pipe transportation is continuous process and the work goes on day and night, distance traveled by the transporters is equivalent to the sun and back. Over 3,700 km of haul roads was constructed alongside the pipe line trench to enable the heavy truck – trailers to deliver pipe to the installation site.

NATO Attack

On 22 July NATO warplanes attacked the pipe making plant at Brega killing six of the facility’s security guards:

RAF jets hit 6 ammunition storage facilities near Zlitan & a building being used as a base for rocket launchers threatening Misratah. #Libya

As you can see from Google Earth the 100s of pipes at this facility, out in the desert south of Brega, make it clear, even from the air, that this is a pipe-production plant:

Video footage shows a major building within the plant has been destroyed and there is also damage to at least one of the trucks which is used to transport pipes to places where repairs are required:

According to AP, Abdel-Hakim el-Shwehdy, head of the company running the project, said:

“Major parts of the plant have been damaged. There could be major setback for the future projects.”

Water supply to Brega Cut

On Monday 18 July rebel spokesman Shamsiddin Abdulmolah told AFP that remnants of Gadhafi’s troops were holed up among industrial facilities in Brega with supplies dwindling.

“Their food and water supplies are cut and they now will not be able to sleep.”

Given the rebel boasts that the pro-Gadaffi forces in Brega had no water, the question has to be posed whether this attack was a deliberate attempt to prevent repair of the pipeline into Brega.

NATO Response

In response to HRI enquiry, NATO press office said:

We can confirm that we targeted Brega on July 22nd and we stroke successfully: one military storage facility and four armed vehicles.”

HRI requested clarification:

The building you hit (apparently in the Brega pipe factory) was being used for what kind of military storage?

What considerations were taken into account to ensure that the strikes did not damage civilian infrastructure or was damage to the civilian infrastructure considered legitimate?

Given the potential consequences to civilians of damage to the pipe factory and the ability of the engineers to be able to repair broken water pipelines I hope you will appreciate the importance of these questions.

At the 26th July at the NATO press conference in Naples Colonel Rolond Lavoie, neglecting to inform the assembled journalists that the “concrete factory” plays an important role in preserving Libya’s water supply, said:

Now in the area of Brega, NATO strikes included armoured vehicles, rocket launchers, military storage facilities and a repurposed concrete factory from which Pro-Gaddafi forces were using multi-viral [sic] rocket launchers, exposing the population to indirect fire.

Let me show you some intelligence pictures that illustrate what we have observed at this concrete factory. By the way these pictures will be made available on the NATO site so it will be possible for the media can download them

So basically repeatedly over the last few weeks we got clear intelligence indicating that pro-Gadaffi forces are using this factory for military purposes. This factory is being used to hide military material including Multiple Rocket Launchers. These weapons have been used every day from within this factory compound and then carefully hidden after the day within or along massive pipes you can see in this picture.

Slide 1 20 July

Slide 2 23 July

Slide 1 20 July apparently shows a BM-21 rocket launcher -a model of rocket launcher widely used by both loyalist and rebel forces in Libya.

Slide 2 23 July apparently shows a BM-21 rocket launcher. The slide shows black smoke in the centre of the picture which suggests two hits (possibly on vehicles) have already been made, with the BM-21 left intact.

Neither slide appears to show the building which was destroyed in the video or helps to understand when or why that was hit. So the photos lead to more questions than they answer – clearly the BM-21, spotted on the 20th, was not considered a priority target, and there is nothing in the NATO explanation which explains why the water supplies of the Libyan people have now been put at such risk.

On 27th July further enquiries by HRI elicited the additional information that

The factory is being used to hide military material, including multiple rocket launchers. These weapons have been used every day from within this factory compound and then carefully hidden after the day within the factory buildings and the area.

and

All sites that could be used by the pro-Qadhafi regime forces to threaten or attack civilians can be considered as a legitimate target by NATO in full accordance with UNSCR 1973. That resolution mandates the use of all necessary measures to protect civilians in Libya from attack or threat of attacks.

According to the NATO press office, the attack was within the rules of engagement agreed upon by all 28 countries in the coalition by consensus. It seems unlikely that the rules of engagement would allow this attack or that the states in the Security Council would agree that a devious interpretation of UN Security Council Resolution 1973 should supercede international humanitarian law.

NATO have failed to provide answers to the following questions:

Do you have any concrete evidence that rockets were fired from inside the pipe-making plant?

Can you explain the precise targeting and timing of strikes within this facility?

What steps were taken to ensure collateral damage to the facility was avoided?

What alternatives were considered to military strikes on this factory?

Applicable humanitarian law

The Laws of War were designed to prevent attacks on targets indispensible to the civilian population, so attacking a civilian infrastructure target such as this plant is a war crime.

Even if rockets were being fired from within the location (for which no evidence has been produced) or this facility was being used for military storage by Gadaffi forces, or housed armoured vehicles, attacking the pipe-making factory in a way that leaves it severely damaged is illegal as this facility is important to the water supplies of Libyan civilians.

The citing of UNSCR 1973 does not supercede the need for NATO forces to obey the laws of war.

Applicable humanitarian law includes (inter alia):

Rule 15. In the conduct of military operations, constant care must be taken to spare the civilian population, civilians and civilian objects. All feasible precautions must be taken to avoid, and in any event to minimize, incidental loss of civilian life, injury to civilians and damage to civilian objects. [IAC/NIAC]

Rule 16. Each party to the conflict must do everything feasible to verify that targets are military objectives. [IAC/NIAC]

Rule 17. Each party to the conflict must take all feasible precautions in the choice of means and methods of warfare with a view to avoiding, and in any event to minimizing, incidental loss of civilian life, injury to civilians and damage to civilian objects. [IAC/NIAC]

Rule 18. Each party to the conflict must do everything feasible to assess whether the attack may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated. [IAC/NIAC]

Rule 54. Attacking, destroying, removing or rendering useless objects indispensable to the survival of the civilian population is prohibited.

A) These activities run the risk of blurring the distinction between combatants and the civilian population which can endanger the general civilian population.

B) Regarding 1) – it isn’t stated whether these Libyans are combatants (integrated in the militia) or civilian, but its worth noting that civilians who engage directly in combat – which would include providing targeting information – would run a risk of being placed in the unfortunate category of “unlawful combatants” and facing criminal liability for their actions. Just to note, even if they were placed in this category, they should still be treated humanely but they might not be granted POW status.

C) States using civilians in violation of the law of war will be in breach of their responsibility under that law.

In a conflict ostensibly aimed at protecting civilians, which will doubtless inform the way future conflicts are conducted, consideration needs to be given to these issues.

Extracts from the Report of the International Commission of Inquiry to investigate all alleged violations of international human rights law in the Libyan Arab Jamahiriya directly relevant to the use of cluster munitions in Libya:

With regard to the use of weaponry, the commission is concerned that the Libyan authorities have not been making appropriate and precautionary assessments which would, in the commission’s view, militate against the use of weapons such as mortars in densely populated urban areas. The commission is also concerned about reports of the use of weapons such as expanding bullets, cluster munitions and phosphorous weapons in highly populated areas. Further investigation, however, including forensic analysis, would be needed to confirm the use of these ammunitions.

With regard to allegations concerning the conduct of hostilities by the North Atlantic Treaty Organization (NATO), the commission is not in a position at this stage to assess the veracity of the information received concerning indiscriminate attacks on civilians. The commission has not, however, seen evidence to suggest that civilians or civilian objects have been intentionally targeted by NATO forces, nor that it has engaged in indiscriminate attacks.

Finally, the commission feels that, at this stage, it is not in a position to identify those responsible, as requested by the Human Rights Council in the resolution establishing its mandate.

The commission, in view of the time frame within which it has had to complete its work, and considering the gravity and the complexity of the situation, recommends that the Human Rights Council remain seized of the situation by extending the mandate of the commission or by establishing a mechanism with the ability to continue the necessary investigations into both the human rights and humanitarian law situations in the Libyan Arab Jamahiriya for a period of one year.

Page 63:

185. Cluster munitions. The Commission is aware of reports of the use of cluster munitions by pro-Government forces in their attempt to regain control of the besieged city of Misrata. On 15 April 2011, HRW reported that Government forces had fired cluster munitions in residential neighborhoods of Misrata further specifying that the cluster munitions were Spanish produced MAT 120mm mortar projectile, which open in mid-air and release 21 submunitions over a wide area.241 Other independent sources including Amnesty International have confirmed the incident and stated that Spain sold such munitions to Libya in 2007. Further investigation, including military and forensic pathologist expertise is, however, required to confirm or deny the usage of cluster munitions.

241 Upon exploding on contact with an object, each submunition disintegrates into high-velocity fragments to attack people and releases a slug of molten metal to penetrate armored vehicles. Human Rights Watch, “Libya: Cluster Munitions Target Misrata,” 15 April 2011, available from

188. Mortars: Based upon the facts available to it, the Commission believes that Government forces of Libya utilized mortars in their attacks on Misrata and Zintan. Mortars are weapons that kill or maim whoever is within the impact zone after they explode and they are unable to distinguish between combatants and civilians. A decision to deploy them in a location where a large number of civilians is likely to be present, is a decision that a commander should know will result in the death and/or and injuries of some of those civilians.

4. Conclusion

189. From the information available to it, the Commission is concerned that the Libyan authorities have not been undertaking appropriate and precautionary assessments which would, in the Commission’s view, militate against the use of weapons, such as mortars, in densely urban areas. The Commission is also concerned about reports of the use of weapons such as expanding bullets, cluster munitions or phosphorous weapons within highly populated areas. Further investigation, however, including forensic analysis would be needed to confirm the usage of these ammunitions.